Disposed

Thumu Sai Kumar v. State of Telangana

Telangana HC24 Mar 2022WP/32113/2021

Case brief

AI extract

What is this about?

Court disposed of W.P.32113 of 2021 following a batch common order. It directed registration of documents with a mandatory endorsement cautioning purchasers of risks pending the outcome of SLP (Civil) No.19695 of 2021 before the Supreme Court regarding land violations.

What did the court decide?

Petition disposed following batch common order; registration of documents directed with mandatory endorsement subject to Supreme Court appeal outcome.

Thumu Sai Kumar Vs State of Telangana — Writ and Judicial Review | Telangana HC (2022)

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.32113 OF 2021

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ORDER (ORAL) :

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Heard both sides and perused the material on record.

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It is submitted by the learned counsel on either side that subject matter of this writ petition is squarely covered by the common order passed by this Court in W.P.No.328 of 2022 and batch dated 18.02.2022, as modified by the order dated 22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 of 2022 and batch, and therefore, keeping the matter pending will not serve any purpose, as such, the same may be disposed of in terms thereof.

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This Court passed interim order in this writ petition directing the respondents to receive, process, register and release the subject document/s. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition.

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In view of the above, recording the aforesaid submission of the learned counsel on either side, following the common order dated 18.02.2022 in W.P. No.328 of 2022 and batch, as modified by the order dated 22.02.2022 in I.A. No.2 of 2022 in W.P.No.2985 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs:

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(A) If the subject document/s has/have already been registered and released pursuant to the interim order;

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(i) the document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon’ble Supreme Court; and

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(ii) in case, it is found that there is any violation of law like plots/lands/structures being sold form part of F.T.L. and Buffer Zone/Plots having less than 30 feet road width access, the Sub

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Registrar shall make an endorsement informing/cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon’ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsement shall be made in the encumbrance record, website etc.

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(B) If the subject document/s is/are not yet registered and released pursuant to the interim order;

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(i) the respondent - Sub-Registrar is directed to register the document of sale, transfer and gift etc., presented for registration by the petitioner/s without reference to the Memo Nos.G2/257/2019 dated 26.08.2020 and 29.12.2020 issued by the respondent-the Commissioner and Inspector General of Registration and Stamps, Telangana; Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the respondent-the Commissioner, Municipal Corporation, Nizampet to the respondent-the Sub Registrar, Quthbullapur, Ranga Reddy District, and similar letters, if any, issued by the various Municipal Commissioners in the State;

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(ii) the Sub Registrars in the State shall make an endorsement at the reverse side of the first page of the document referred in direction No.(i) that registration so done is subject to outcome of SLP (Civil) No.19695 of 2021 filed by the State Government before the Hon’ble Supreme Court; and

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(iii) in case, it is found that there is any violation of law like plots / lands / structures being sold form part of F.T.L. and Buffer Zone / Plots having less than 30 feet road width access, the Sub Registrar shall make an endorsement informing / cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions; that registration of the same is subject to outcome of orders of the Hon’ble Supreme Court in SLP (Civil) No.19695 of 2021. To that effect, an endorsement shall be made on the reverse side of the first / second page of the document and also in the encumbrance record, website etc.

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As a sequel thereto, miscellaneous petitions, if any, pending in this

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writ petition stand closed.

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______________________ B. VIJAYSEN REDDY, J

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24.03.2022 V V/DS

Thumu Sai Kumar v. State of Telangana

Case brief

What is this about?

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Thumu Sai Kumar v. State of Telangana

Case brief

What is this about?

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